The Building Safety Act 2022 (the Act) has reshaped the risk profile of residential and mixed-use developments in England deemed as “higher-risk buildings”. Developers, investors, landlords, funders and managing agents now need to consider building safety compliance from site acquisition and design through to occupation, asset management and disposal. In broad terms, a “higher-risk building” is a building, in England, that is at least 18 metres in height or has at least seven storeys and contains at least two residential units. This applies unless the entire building is used as a hospital, care home, secure residential institution, hotel or military barracks, or if the building contains any living accommodation provided by the Ministry of Defence for military personnel.
The Act operates at two key stages. During design and construction, the “higher-risk building” is subject to a more stringent building control approval regime, including gateway requirements and the need for Building Safety Regulator approval before occupation. During occupation, Accountable Persons and, where applicable, the Principal Accountable Person must assess and manage building safety risks.
The Act also requires a “golden thread” of building safety information to be created, maintained and handed over as the building moves from design and construction into occupation. Where issues arise that require remedial action, the Act extends the limitation period during which the developer remains liable and introduces significant remediation and enforcement mechanisms. Failure to comply may result in regulatory action and in some cases criminal liability.
Latest Developments
The Single Construction Regulator
Currently, building safety, construction products and certain professional standards are regulated by different organisations. Following recommendations that emerged from the Grenfell Tower Inquiry, the UK government wants to create a Single Construction Regulator (SCR) to combine these functions under one regulator, which is expected to be operating by 2028.
How will it affect the construction industry?
The SCR is expected to:
- Increase oversight and enforcement
- Make regulatory requirements clearer
- Hold developers, contractors, designers and consultants more accountable for their decisions and behaviour
This could potentially lead to more professional negligence and construction-related claims because:
- Clearer rules make it easier for claimants to identify potential breaches
- Better digital records will provide more evidence about who made decisions and when
- Greater scrutiny of behaviour and accountability could expand the grounds on which claims are brought
On the other hand, it could also reduce claims. If the rules become easier to understand and compliance becomes more straightforward, construction professionals may make fewer mistakes, leading to fewer regulatory breaches and disputes over time.
The Building Safety Levy
The Building Safety Levy was introduced in the Act and will be payable from 1 October 2026. It will apply to many new residential properties, build-to-rent schemes, retirement housing and purpose-built student accommodation (PBSA) subject to thresholds and exemptions and is intended to raise an estimated £3.4 billion from developers to contribute towards the cost of remediating building safety defects.
The amount payable varies depending on:
- Where the development is located
- Whether it is built on brownfield or greenfield land
- The size of the development, measured by floor area
The levy will need to be paid before a completion certificate is issued.
Developers should factor the levy into land bids, appraisals, funding models and development timetables, particularly where building control applications may be submitted close to the 1 October 2026 commencement date.
Fire Safety Evacuation Plan
As of 6 April 2026, buildings that are 18 metres above ground level or have seven storeys or more, as well as buildings over 11 metres that operate a simultaneous evacuation strategy (where everyone leaves the building at the same time during an emergency), must have an evacuation plan that identifies residents needing assistance.
The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 focus on residents who would have difficulty escaping without assistance because of a physical disability, a mobility issue or a cognitive impairment. The “responsible person” (typically the building owner, landlord, management company or similar) must identify vulnerable residents, offer them a personalised risk assessment and agree an Emergency Evacuation Statement which sets out practical measures that could help the resident escape safely in a fire.
In addition to individual plans, building managers must prepare a Building Emergency Evacuation Plan (BEEP) which is a building-wide evacuation strategy that explains evacuation procedures, it must be shared with local fire and rescue services and should be regularly updated.
These requirements should be considered early in design, planning and viability analysis because it may impact net saleable area, build cost, layout and programme.
What should businesses do now?
The Act is not a static piece of legislation. It continues to evolve through secondary legislation, regulatory reform and guidance, with further changes expected over the coming years. The introduction of the SCR, the Building Safety Levy and fire safety plans demonstrate the Government’s continued focus on accountability, resident safety and increased regulatory oversight across the property and construction industry sector.
For developers, investors, landlords, managing agents and other stakeholders, building safety is now a key legal, commercial and operational consideration throughout a building’s lifecycle. Decisions made at the acquisition, design and construction stages can have significant consequences after completion, impacting asset value, financing, occupation, remediation obligations and potential liability.
Given the complexity of the regime, early legal advice can help identify risks, ensure compliance and avoid costly delays or enforcement action. Whether you are planning a new development, managing an existing higher-risk building or dealing with remediation issues, our real estate team can guide you through the requirements of the Act and the latest regulatory developments.
For advice and guidance, please get in touch.
